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Somerville, MA Privacy & Surveillance: Facial Recognition Ban (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
Ord. No. 2019-16, effective 6/27/2019
Covered entities
Every city dept., official, contractor, vendor
Remedy
Suppression of unlawfully obtained data
Legal action
Injunctive/declaratory relief or writ of mandamus
State/federal rights
Not limited by this ordinance

Summary

Somerville makes it unlawful for any city department, agency, or official to obtain, retain, access, or use a face surveillance system, or any data derived from one, under Sec. 9-25 of the Code of Ordinances, adopted in June 2019.

Ban on government use of face surveillance. It shall be unlawful for Somerville or any Somerville official to obtain, retain, access, or use: (1) Any face surveillance system; or (2) Any information obtained from a face surveillance system. ... Suppression. No data collected or derived from any use of face surveillance in violation of this ordinance and no evidence derived therefrom may be received in evidence in any proceeding in or before any department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the City of Somerville.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Zoning Ordinances: Revision - CodeBank PDF Post).

Full Breakdown

Sec. 9-25(b) flatly bars 'Somerville or any Somerville official' from obtaining, retaining, accessing, or using any face surveillance system or any information derived from one. 'Somerville' is defined to mean any department, agency, bureau, or subordinate division of the city, and 'Somerville official' covers any officer, employee, agent, contractor, subcontractor, or vendor acting on the city's behalf (Sec. 9-25(a)). 'Face surveillance' means an automated or semi-automated process assisting in identifying or verifying a person from the physical characteristics of the person's face, and a 'face surveillance system' is any software or application performing that function.

The ban was adopted by Ord. No. 2019-16 on June 27, 2019, making Somerville one of the first Massachusetts cities to bar its own police department and other agencies from using facial recognition tools. The ordinance builds in a suppression remedy: data collected or derived from a violation, and evidence derived from it, cannot be received in evidence before any city department, officer, agency, regulatory body, legislative committee, or other authority under the city's jurisdiction (Sec. 9-25(c)(1)). Nothing in the ordinance limits rights that residents already hold under state or federal law (Sec.

9-25(c)(4)). The ban applies citywide to every department and to any contractor or vendor working on the city's behalf, not just the police department, so a private vendor supplying facial recognition data to a city agency is equally covered.

Violations & Fines

Any violation gives rise to a private cause of action: a person may seek injunctive relief, declaratory relief, or a writ of mandamus in any court of competent jurisdiction, naming the city and, if necessary, any other government agency holding the unlawfully obtained data (Sec. 9-25(c)(2)). The city also addresses alleged violations through its usual practices and any applicable contractual obligations (Sec. 9-25(c)(3)).

Frequently Asked Questions

Can Somerville police use facial recognition software?
No. Sec. 9-25(b) makes it unlawful for the city or any Somerville official, including police officers, to obtain, retain, access, or use a face surveillance system or any data derived from one, with no carve-out for law enforcement.
Does the ban cover outside vendors working with the city?
Yes. 'Somerville official' is defined in Sec. 9-25(a) to include any agent, contractor, subcontractor, or vendor acting on the city's behalf, so a private company supplying facial recognition data to a city department is bound by the same ban.
What happens if the city uses facial recognition data anyway?
The data and anything derived from it cannot be used as evidence in any city proceeding under Sec. 9-25(c)(1), and any person can sue for injunctive relief, declaratory relief, or a writ of mandamus against the city under Sec. 9-25(c)(2).

Sources & Official References

Other rules in Somerville

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